There are a few different types of harassment that can occur in the workplace, and unfortunately, these things do happen. Workplace harassment is a form of discrimination, and it is illegal whether it is verbal harassment or physical harassment based on a person’s sex, race, or religion.
Harassment Becomes Unlawful When:
• Dealing with the offensive conduct is necessary to keep your job.
• If the employer’s conduct is severe enough that the employee considers the workplace hostile, intimidating, or abusive.
• If the supervisor’s harassment results in a change in the employee’s status or salary, it is considered workplace harassment which is illegal.
Additional Types of Workplace Harassment
There are some places who make it illegal to discriminate against or harass employees who smoke. There are also a handful of private companies that have laws and policies which prohibit discrimination and harassment based on the employee’s arrest record or their convictions.
There are also some states that make it illegal to discriminate against people who receive public assistance. It is illegal for an employer to discriminate against an employee based on their personal appearance, their marital status, their matriculation, their family responsibilities, or their political affiliation.
Components of Workplace Harassment
Harassing conduct is illegal in the workplace. Examples of harassing conduct include:
• Offensive jokes
• Insults
• Ridicule
• Intimidation
• Slurs-
• Threats
• Physical assaults
• Offensive pictures
Some people believe that workplace harassment is limited to sexual harassment. This is not the case. Also, sexual harassment doesn’t need to be between two people of different genders. Sexual harassment can occur with two people of the same sex.
The harasser can be anyone you work with such as your boss, supervisor, a supervisor in another department, a co-worker, and even a non-employee. What you may not know is that the victim doesn’t even need to be the person who is being harassed. The victim can be anyone who has been affected by the harassing behavior.
For the harassment claim against a co-worker to be valid, you would need to prove that your employer tried to change the harassing conduct and the responsible employee rejected the corrective measures brought by the employer for no apparent reason.
Harassment At Job Interviews
Workplace harassment doesn’t only occur in the workplace. It can also happen during a job interview. During an interview, there are things that the employer is not allowed to ask about. These include:
• Race
• Gender
• Marital status
• Religion
• Age
• Ethnic background
• Country of origin
• Age
• Disabilities
• Sexual preference
A Few Examples Of Workplace Harassment
• An employee named Pedro was a victim of workplace harassment. His supervisor constantly referred to him by referencing his country of origin. He also characterized Pedro’s work negatively based on his background.
• Ellen filed a claim because her boss was restricting her to the role of a receptionist based on her appearance. Although she had the skills and the college degree necessary for an inside sales job, her boss told her she had to stay at the reception because the customers liked having a pretty girl up front.
• Bonnie was a victim of workplace harassment when her boss continued to ask her out for drinks, and she kept saying no. In response, he told her that she could go a long way with the company if she played the game.
• Jane was uncomfortable when she was in the break room because her co-workers discussed their sexual conquests. She responded by mentioning her discomfort to one of the co-workers involved that she was friendly with. When he spoke the other employees about her discomfort, this behavior stopped.
If you are a victim of workplace harassment, you should contact an employment lawyer to file a workplace harassment claim.
Lesperance Mendes Lawyers
900 Howe St #550, Vancouver, BC V6Z 2M4
(604) 685-3567
lmlaw.ca/